Court : Punjab and Haryana
Decided on : May-27-1960
Reported in : AIR1961P& H18; 1961CriLJ146
..... the magistrate and a false denial in the affidavit was also made in this court as to the confinement of sukhdev raj. i directed the sessions judge, amritsar, to make an inquiry and after recording evidence of the parties he should submit a report with his findings. i did not find that any case had been substantiated ..... the false representations thus made were calculated to embarrass, and obstruct the court in the administration of justice, and in attaining that object, the respondent was successful. the act of| the respondent, not only amounted to perjury, but|there was also present, the element of obstruction to court in the performance of its duties. the fact ..... that perjury is also a substantive crime under the indian penal code does not prevent conviction for a contempt, under the contempt of courts act. the essential element which makes perjury punishable as a contempt, is an element of obstruction to the court, which was definitely present in this case. perjury or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-25-1960
Reported in : AIR1960P& H666
..... several matters connected with it, and arise for legislation concerning matters, governed by the personal law of the parties, and s. 14 of the hindu succession act clearly falls under that description. the circumstance that such legislation incidentally affects land, as it affects other kinds of property, is to my mind of no ..... of females is referred to in section 5 of the punjab laws act, (no. iv) of 1872, which section reads-'5. in questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, ..... in judicial proceedings, were immediately before the commencement of the constitution subject to their personal law, and, therefore, the parliament in enacting section 14 of the act legislated within directly comes within the scope and ambit of last part, as cited, of entry 5 of list iii.(5) the subject of special property .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-25-1960
Reported in : AIR1960P& H530
..... a class or the status or rights of the reversioners have been abolished by the act, but with great respect to the learned judges, there is not one word in support of the observations in the act. if fact sub-section (2) of section 14 of the act still envisages the creation of limited owner's estate under certain instruments. undoubtedly the ..... defendants in these cases that in reaching this conclusion the repealing provisions of section 4 of the act are not being kept in view. this argument was pressed in gostha behari v. haridas samanta, (s) air 1957 cal 557, and the learned judges repelled it and i cannot do better than state the reasons given by them, with which i ..... the declaratory suit of the plaintiff and on the finding of the learned judges in the division bench that decree would have been confirmed but for the question raised that is now for consideration in regard to the effect of section 14 of the act upon the rights of the reversioners of the type as sewa ram plaintiff.(12) the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-25-1960
Reported in : AIR1960P& H655
..... form this decision for the proposition that if a person is put on enquiry--as s. p. jaiswal and other de facto directors are said to have been put on inquiry by l. p. jaiswal--then he cannot rely on s. 86.(19) this section, as its language shows, refers to 'discovery of defects' and not discovery of ..... ladli parshad jaiswal (plaintiff-respondent in that case and defendant-respondent before us) was dismissed. according to the judgment of the division bench, the finding of the learned district judge, on appeal, as to the existence of undue influence said to have been exercised by ladli parshad jaiswal over his younger brother s. p. jaiswal and nephews, was ..... of managing a limited liability company by the directors. in this connection our attention has also been drawn to art. 71 in table 'a' of the indian companies act (act vii of 1913) which defines the powers and duties of directors. this article undoubtedly lays down inter alia that:'the business of the company shall be managed by the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-24-1960
Reported in : AIR1960P& H590
..... of the principal. the admissibility of the counter-claim was contraverted and it was pleaded that, if so advised, the defendants could file a fresh suit, but no inquiry into this claim could be lawfully held in the present suit. in the alternative it was pleaded that if the court decided to permit the defendants to urge this counter ..... and secured some interlocutory orders for safeguarding their interests.in this connection mr. sibal has also referred to illustrations (a) and (b) under s. 212 of the indian contract act. these illustrations, however, are not of much assistance, because the facts of both of them clearly show that the consequences which arose from the breaches there were direct. the ..... of contract has been created between the substituted agent and the principal.'after applying the above test to the facts of the case before him the learned judge proceeded thus-'as i apprehend the facts, in endeavoring to carry out the collection of the bills at khulna, the khulna bank was not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-1960
Reported in : AIR1960P& H514
..... between landlord and tenant but if the tenant in effect agrees that the landlord has a good claim to an order under the acts, i think the judge has jurisdiction to make the order for possession under the act without further inquiry.'in middleton v. baldock (t.w.), (1950) 1 kb 657, a house had been let to a husband on a ..... the efficacy of the order may be destroyed. but in my judgment the court cannot go further than that and exercise a general jurisdiction to make a consent order without inquiry or investigation simply because the tenant appears in court and says: 'i consent to an order,' or says in the witness box that he does not consent the ..... the hands of estate agents for sale. the tenant thereupon claimed compensation under section 5, sub-section (6) of the act of 1920 on the ground that the order for possession was obtained by misrepresentation. the country court judge held that he had no jurisdiction to grant compensation where the order had been made by consent.it was held that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-05-1960
Reported in : AIR1960P& H653
..... facts which were available but were not pleaded. this view was dissented from in pathikonda gopala rao v. nagiri pedda kitamma, (s) air 1955 andhra 138, where the learned andhra judge held that when the other party could be compensated by costs, or other proper terms, the amendment ought not to be refused on the sole ground of delay or negligence .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-18-1960
Reported in : AIR1962P& H78
..... general in his order referred to the observations of farwell, j., in bird v. philpoot, 1900-1 ch 222 at p. 228, according to that learned judge, under the bankruptcy act, the trustee takes all the bankrupt's property for an absolute estate in law, but for limited purposes namely, for the payment of the creditors under the ..... realising the infirmities in his argument based on section 17 appeared to rely more on section 4 which provides that the provisions of the administration of evacuee property act, 1950, and the rules and order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or ..... property :-- 1. where the custodian is of opinion that any property is evacuee property within the meaning of this act, he may after causing notice thereof to be given in such manner, and after holding such inquiry into the matter as the circumstances of the case permit, pass an order declaring any such property to be evacuee .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-08-1960
Reported in : AIR1961P& H51
..... remaining with the father at buria. on the 2nd of december 1952 an application was filed by the lady in the court of the district judge at ambala under section 7 of the guardians and wards act, praying that she be appointed a guardian of the. persons of the three minor daughters and declared guardian of the person of her minor son ..... conclusion that the welfare of the minor demands maintenance of status quo for some time, the order of the learned single judge deserves to be upheld, and the appeal must be rejected. reliance on section 19 of the guardians and wards act by mr. sikri in this connection is not of much avail to him. by virtue of section 2 of the ..... view that we have taken, the petition of captain rattan amol singh under section 25 of the guardians and wards act must be held to have been rightly dismissed and we have no hesitation in affirming the order of the learned single judge in this respect.17. in so far as the question of declaring shrimati kamaljit kaur as guardian of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-31-1960
Reported in : AIR1960P& H412; 1960CriLJ1134
..... thing in such custody is, in the opinion of any district magistrate, chief presidency magistrate, high court or court of session, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this code, such magistrate or court may require the postal or telegraph authorities, as the case may be to deliver such document, parcel ..... unreported decision of the allahabad high court (criminal ref. no. 234 of 1959 connected with criminal misc. case no. 2401 of 1959). all that the learned judge observed in that case is that the particular document, parcel or thing in respect of which the direction is being given to the postal authorities must be wanted at ..... ....sub-section (3) of s. 94, however contains an exception which is in the following terms: 'nothing in this section shall be deemed to affect the indian evidence act, 1872, section 123 and 124 or to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph .....
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